Code: Section 163 BSA
A witness may also testify to facts mentioned in any such document as is
mentioned in section 162, although he has no specific recollection of the facts themselves,
if he is sure that the facts were correctly recorded in the document.
Illustration.
A book-keeper may testify to facts recorded by him in books regularly kept in the
course of business, if he knows that the books were correctly kept, although he has forgotten
the particular transactions entered.
Explanation of Section 163 BSA
Section 163 of the Bharatiya Sakshya Adhiniyam (BSA) allows a witness to testify to facts that are mentioned in a document, even if the witness cannot specifically recall the facts themselves, provided the witness is confident that the facts were correctly recorded in the document. This provision builds on Section 162, which permits a witness to refresh their memory using a document.
This section recognizes that in certain cases, a witness may not remember specific details of an event or transaction, but may still be certain that the details were correctly recorded at the time. For instance, this may apply in situations involving routine business or administrative records, where a person is confident that the documentation is accurate, even though they cannot recall the specific details of each individual entry.
Key points include:
- The witness does not need to have a specific recollection of the facts.
- The witness must be sure that the facts were recorded correctly in the document.
- This is particularly useful for business records or routine documentation.
Illustration
Example 1: Business Record Testimony
A bookkeeper may not remember every individual transaction recorded in the business’s ledger. However, if the bookkeeper is certain that the entries were accurate when made, they can testify to the facts recorded in the ledger, even if they do not specifically recall the individual transactions.
Example 2: Testimony Based on Reports
An officer who regularly files reports may not remember every detail of a specific event, but if they are confident the facts were recorded correctly in their official report, they can testify to those facts without recalling the exact event.
Common Questions and Answers on Section 163 BSA
- Can a witness testify to facts even if they do not remember the event?
- Yes, provided the witness is confident that the facts were correctly recorded in a document, as mentioned in Section 162.
- What type of documents can a witness refer to under Section 163?
- Documents that are referenced in Section 162, typically those made contemporaneously or shortly after the transaction or event, such as business records, reports, or official logs.
- Is the witness required to personally recall the facts?
- No, the witness does not need to have a personal recollection of the facts, but must be confident in the correctness of the document where the facts were recorded.
- Can this apply to any type of document?
- No. This only applies to documents mentioned under Section 162, typically those created during or shortly after the event, such as business records or official reports.
- How does this provision support fairness in legal proceedings?
- It allows factual evidence from documents to be used even when a witness cannot specifically recall details, thus helping to present a fuller picture of the case without relying solely on the witness’s memory.
Conclusion
Section 163 of the Bharatiya Sakshya Adhiniyam (BSA) plays a critical role in enabling witnesses to rely on documented records when testifying, even if they cannot specifically recall the facts themselves. This ensures that routine business records and other documents created during or shortly after an event can be used to provide accurate testimony, promoting fairness in the judicial process.
For a deeper understanding of other provisions of the Bharatiya Sakshya Adhiniyam or other related legal matters, visit ApniLaw’s comprehensive legal resource library.
